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Outline for "Protecting Your Intellectual Property Rights in The Bahamas"
by Natalie Clarke, Clarke & Company, Bahamas

I. INTRODUCTION

A. 19th Century History; Common Law Country, but Intellectual Property is statute based.

B. Bahamian Legislation, Rules and Forms relating to IP are now on web site www.clarkeandcolaw.com

C. Five Points:

  1. There is no recognition of an international class;
  2. There is a need to register your trademarks and patents
  3. Registration fees are low for trademark and patents
  4. The practical and statutory incentive for a Bahamian agent;
  5. The New Copyright Act, 2000 is extensive and far-reaching.

II. OUR NATIONAL CLASS SYSTEM

A. Illustrations not an exhaustive list; The Registrar's discretion;

B. Procedure.

III. THE NEED TO REGISTER TRADEMARKS IN THE BAHAMAS

A. Convention membership not defined;

B. Products regularly consumed in The Bahamas and other countries need registration as there is no common law recognition of priority by use;

C. Quote from Finnegan, Henderson, Farabow, Garrett & Dunner LLP;

D. Convention Priority, applications for protection of patents in The Bahamas.

IV. FEES

A. Brief comparison

V. THE NEED FOR A BAHAMIAN AGENT

A. Trademarks and Patents

  1. Address
  2. Security for Costs

B. Two notices

VI. THE NEW COPYRIGHT ACT (2000)

A. Three Points:

  1. The Qualification for protection is wide and anything but provincial
  2. The duration is 70 to 100 years
  3. There are strict penalties and fines for infringement

B. Qualification

  1. Category
  2. Universal Copyright Convention; Berne Convention

C. Duration

D. Penalties

VII. CONCLUSION

 

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